O. B. Harper D-B-A Harper Electric Co. v. Killion

Respondent sued Petitioner, a resident of Rusk County, Texas, in Cherokee County which adjoins Rusk County. Petitioner filed his plea of privilege which Respondent controverted by invoking Exception 7 of Article 1995, V.A.C.S. Upon hearing, the evidence established that the acts of fraud were committed in Jacksonville, Texas, but no proof was ¡made that Jacksonville is located in Cherokee County. The plea of privilege was overruled. There was no formal request that the trial court judicially notice that Jacksonville is located in Cherokee County and no affirmative showing appears in the…